As used in this article, the following terms shall have the meanings indicated:
BUILDING
A roofed structure, enclosed by one or more walls, for the shelter, housing, storage or enclosure of persons, goods, materials, equipment or animals.
DANGEROUS BUILDING
All buildings or structures which have any or all of the following defects:
A. 
The nominal strength of any structural member is exceeded by nominal loads, the load effects or the required strength;
B. 
The anchorage of the floor or roof to walls or columns, and of walls and columns to foundations is not capable of resisting all nominal loads or load effects;
C. 
Structures or components thereof that have reached their limit state;
D. 
Siding and masonry joints including joints between the building envelope and the perimeter of windows, doors and skylights are not maintained, weather resistant or watertight;
E. 
Structural members that have evidence of deterioration or that are not capable of safely supporting all nominal loads and load effects;
F. 
Foundation systems that are not firmly supported by footings, are not plumb and free from open cracks and breaks, are not properly anchored or are not capable of supporting all nominal loads and resisting all load effects;
G. 
Exterior walls that are not anchored to supporting and supported elements or are not plumb and free of holes, cracks or breaks and loose or rotting materials, are not properly anchored or are not capable of supporting all nominal loads and resisting all load effects;
H. 
Roofing or roofing components that have defects that admit rain, roof surfaces with inadequate drainage, or any portion of the roof framing that is not in good repair with signs of deterioration, fatigue or without proper anchorage and incapable of supporting all nominal loads and resisting all load effects;
I. 
Flooring and flooring components with defects that affect serviceability or flooring components that show signs of deterioration or fatigue, are not properly anchored or are incapable of supporting all nominal loads and resisting all load effects;
J. 
Veneer, cornices, belt courses, corbels, trim, wall facings and similar decorative features not properly anchored or that are anchored with connections not capable of supporting all nominal loads and resisting all load effects;
K. 
Overhang extensions or projections including, but not limited to, trash chutes, canopies, marquees, signs, awnings, fire escapes, standpipes and exhaust ducts not properly anchored or that are anchored with connections not capable of supporting all nominal loads and resisting all load effects;
L. 
Exterior stairs, decks, porches, balconies and all similar appurtenances attached thereto, including guards and handrails, are not structurally sound, not properly anchored or that are anchored with connections not capable of supporting all nominal loads and resisting all load effects;
M. 
Chimneys, cooling towers, smokestacks and similar appurtenances not structurally sound or not properly anchored, or that are anchored with connections not capable of supporting all nominal loads and resisting all load effects;
N. 
Those which have been damaged by fire, wind or other causes so as to have become dangerous to life, safety, or the general health and welfare of the occupants or the people of the Borough hereinafter referred to as the "Borough";
O. 
Those which have become or are so dilapidated, decayed, unsafe, unsanitary or which so utterly fail to provide the amenities essential to decent living that they are likely to cause sickness or disease;
P. 
Those which have parts thereof which are so attached that they may fall and injure members of the public or property; or
Q. 
Those which are unsafe, unsanitary or dangerous to the health, morals, safety or general welfare of the occupants or the people of the Borough.
OWNER
Any person or persons, jointly or severally, firm, corporation or other entity which, either by conveyance or inheritance or otherwise, is vested with the title to a lot and/or improvements thereto in their capacity as a legal representative, such as an administrator, trustee, executor, etc.
STRUCTURE
Anything constructed with a fixed or ascertainable location on the ground including buildings, walls, fences, platforms, billboards, signs, and walks.
All dangerous buildings within the terms of § 47-1 are hereby declared to be public nuisances, and shall be repaired, vacated, or demolished as hereinafter provided.
The following standards shall be followed in substance by the Code Official specially designated thereto, in ordering repair, vacation or demolition:
A. 
If the dangerous building can reasonably be repaired so that it will no longer exist in violation of the terms of this article, it shall be ordered repaired. There shall be a preference for repair of buildings in the central business district to avoid gaps in the streetscape.
B. 
If the dangerous building is in such condition as to make it dangerous to the health or safety of its occupants, it shall be ordered to be vacated. Said conditions shall include but are not limited to lack of sewer, water, heat and/or electric.
C. 
In cases where a dangerous building is damaged 50% or more from its value immediately prior to an incident which results in a loss or from neglect over a period of time, it shall be demolished, and in all cases where a building cannot be repaired so that it will no longer exist in violation of the terms of this article, it shall be demolished. In cases where a dangerous building is a fire hazard existing or erected in violation of the terms of this article or of any ordinance of the Borough or statute of the Commonwealth of Pennsylvania, it shall be demolished.
The Code Official shall report directly to the Borough Manager.
The Code Official specially designated thereto, shall:
A. 
Inspect any building, wall or structure about which complaints are filed by any person to the effect that a building, wall or structure is or may be existing in violation of this article. The Code Official may also inspect said buildings, walls or structures based on conditions observed by the Code Official in the absence of a complaint.
B. 
Notify in writing, the owner, occupant, lessee, mortgagee, agent and all other persons having an interest in said building as shown by the files of the Recorder of Deeds of the County of McKean, or any building found by him to be a dangerous building within the standards set forth in § 47-1 that:
(1) 
The owner must vacate, or repair, or demolish said building in accordance with the terms of the notice and this article.
(2) 
The occupant or lessee must vacate said building or may have the mortgagee, agent or other persons having an interest in said building as shown by the land records of the Recorder of Deeds for McKean County, at his own risk repair, vacate, or demolish said building or have such work or act done; provided that any person notified under this subsection to repair, vacate, or demolish any building shall be given such reasonable time, not exceeding 30 days, as may be necessary to do, or have done, the work or act required by the notice provided for herein.
C. 
Set forth in the notice provided for in Subsection B, hereof, a description of the building, or structure deemed unsafe, a statement of the particulars which make the building or structure a dangerous building and an order requiring the same to be put in such condition as to comply with the terms of this article within such length of time, not exceeding 30 days, as is reasonable and opportunity for a hearing.
D. 
Report to the Borough Manager any noncompliance with the "notice" provided for in Subsections B and C hereof.
E. 
Appear at all hearings conducted by the Borough Manager or his designee and testify as to the condition of dangerous buildings pursuant to § 47-6.
F. 
Place a notice on all dangerous buildings reading as follows: "This building has been found to be a dangerous building by the Code Official. This notice is to remain on this building until it is repaired, vacated, or demolished in accordance with the notice which has been given to owner, occupant, lessee, mortgagee or agent of this building, and all other persons having an interest in said building as shown by the land records of the Recorder of Deeds of the County of McKean. It is unlawful to remove this notice until such notice is complied with."
G. 
Place a symbol on the building designating it as a dangerous and/or condemned structure. This symbol will serve as a visual notification for Borough employees, emergency services personnel, and others that the building has been designated a dangerous structure and/or condemned. The symbol may be placed on the building using paint, a pre-made sign, or any other reasonable medium. The symbol will consist of a red rectangle with a large X in the rectangle. The symbol will be placed on the four major exterior walls of the building in a manner that it is clearly visible. The Borough shall not be liable for any damage resulting from the placement of such a mark or the removal thereof.
[Added 7-2-2018 by Ord. No. 475]
A. 
Any person affected by any notice which has been issued in connection with the enforcement of any provision of this article shall be granted a hearing on the matter before the Borough Manager, provided that such person has filed with the Code Official a written request for such hearing and the grounds for reconsideration. Said written request must be received within five business days after the notice is received by the property owner or person with an interest in the property.
B. 
Upon receipt of the written request for a hearing the Code Official shall set a time and place for the hearing and provide notice of the hearing to the petitioner. At such hearing the owner or person with an interest in the property shall be given an opportunity to be heard and show why such notice should be withdrawn or modified. The hearing shall be held not later than 20 days after the request for a hearing is received.
C. 
The Borough Manager shall make written findings of facts from the testimony offered pursuant to Subsection B as to whether or not the building in question is a dangerous building within the terms of § 47-1 hereof.
D. 
If the written findings of fact so warrant, the Borough Manager shall issue an order, based upon findings of fact made pursuant to Subsection C, commanding the owner, occupant, mortgagee, lessee, agent and all other persons having an interest in said building as shown by the land records of the Recorder of Deeds of McKean County to repair, vacate or demolish any building found to be a dangerous building within the terms of this article and provided that any person so notified, except the owners, shall have the privilege either of vacating or repairing said dangerous building; or any person not the owner of said dangerous building but having an interest in said building as shown by the land records of the Recorder of Deeds of the County of McKean may demolish said dangerous building at his own risk to prevent the acquiring of a lien by the Borough against the land upon which said dangerous building stands, as provided in Subsection E hereto.
E. 
If the owner, occupant, mortgagee or lessee fails to comply with the order provided for in Subsection D hereof within 10 days, the Code Official shall cause such building or structure to be repaired, vacated or demolished as the facts may warrant, under the standards hereinbefore provided for in § 47-3, and shall, with the assistance of the Borough Solicitor, cause the costs of such repair, vacation or demolition to be charged against the land on which the building existed as a municipal lien, or to be recovered in a suit at law against the owner; provided that in cases where such procedure is desirable and any delay thereby caused will not be dangerous to the health, morals, safety or general welfare of this Borough, the Borough Manager shall notify the Borough Solicitor to take legal action to force the owner to make all necessary repairs or demolish the building.
A. 
The owner, occupant or lessee in possession of any building who shall fail to comply with any order to repair, vacate or demolish any such dangerous building issued pursuant to § 47-6 hereof, or who violates any of the provisions of this article, or any regulation issued thereunder commits a summary offense, and shall upon conviction before the District Justice be subject to a fine not exceeding $600 and costs, or shall be subject to imprisonment in the McKean County Jail for a period not exceeding 30 days. Violations on separate days shall be considered separate violations. The provisions for penalties contained in the article are in addition to any other remedies provided by this article.
B. 
Any person removing the notice provided for in § 47-5 hereof commits a summary offense and shall, upon conviction, be fined not exceeding $600 and costs, for each offense, or shall be subject to imprisonment in the McKean County Jail for a period not exceeding 30 days.
In cases where it reasonably appears that there is immediate danger to life or safety of any person unless a dangerous building, as defined herein, is immediately repaired, vacated or demolished, the Code Official shall report such facts to the Borough Manager and the Borough Council shall cause the immediate repair, vacation or demolition of such dangerous building. The cost of such emergency repair, vacation or demolition of such dangerous building shall be collected in the same manner as provided in § 47-6E hereof.
In cases except emergency cases, where the owner, occupant, lessee, or mortgagee is absent from the Borough, all notices or orders provided for herein shall be sent by certified mail to the owner, mortgagee, lessee and all other persons having an interest in said building as shown on the lands recorded in the Office of the Recorder of Deeds for McKean County, to the last known address of each and a copy of such notice shall be posted in a conspicuous place on the dangerous building to which it relates. Such mailing and posting shall be deemed adequate service. Where desirable, the notices and orders provided for herein may be served in the same manner a summons is served in the courts of general jurisdiction.
No officer, agent or employee of the Borough shall render himself personally liable for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his duties under this article. Any suit brought against any officer, agent, or employee of the Borough as a result of any act required or permitted in the discharge of his duties under this article shall be defended by the Borough Solicitor until the final determination of the proceedings therein.